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shalabh   02 October 2015

Cutting a neem tree on my plot

Sir,

I have a plot in Meerut, Uttar Pradesh. As it was left without any attention from last 10 years, there are big trees grown all over it including a Neem tree of about 3-4 mtr height. Now i want to get my house constructed. So need to clean it. I called JCB machine to clear all the trees with roots. 

He refuses to uproot the neem tree. For rest of the trees he has no problem but for Neem it syas it is illegal and he will not touch it. 

I want to know if it is true that i cannot uproot a Neem tree on my plot i.e. my privte proterty. If yes, then kindly let me know the legal procedure to do that. Thanks.



 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 October 2015

In India the neem medicinal plant is highly regarded because of its many uses and benefits. Indian cultured people treat that tree as Goddess Durga form. So generally our good cultured indian public will not accept to cut such benefecial trees to mankind.

advocatepassy@gmail.com 971794 (Advocate)     02 October 2015

This is not a legal questions rom any angle.  Please call a non Hindu to cut the tree.

shalabh   02 October 2015

Thanks for the Replies Sir. I know the relegious part of it but i was told that there is some legal issue in that and if our neighbours complaint then we (myself and JCB owner) can be put into jail. So i wanted to clarify. so i thought that there may be some new environmetnal law of something. Anyway, so now i can safely assume that cutting a Neem tree in your compound is not illegal from any Law (Civil, environmental or Patent Laws). Thanks for the replies again.

saravanan s (legal advisor)     02 October 2015

its not illegal and you yourself can cut it if you know to cut trees or employ some other person to do the same

Nayini Ram Manohar Rao   02 October 2015

You need to verify with your local forest Departments n enquire neem is a banned tree. So also you are governed by WALTA Act if u r in telangana 

antriksh sharma (counsel)     02 October 2015

sir,

their is rules for cutting down trees in every state for generlisation forest act is the  supervising act and you have to approach the forest dept of your city for compunding of the trees their by eliminating penalty 

any question please feel free to ask

shalabh   02 October 2015

Thanks for Replies.Yes, i enquired from Forest department. NEEM is recently added in banned tree in UP but i think primarily for cutting & trading . On Monday, i will find out more details. But apparantly, i need to take permission, i suppose. Thanks for guidence.

shalabh   03 October 2015

On Searching i found this - 

[quote]

There are 13 plant varieties which are completely protected in all districts of the UP under the Tree Protection Act. Even forest department will not give permission to cut them down (unless under exceptional situations). The varieties are Mango, Neem, Peepal, Banyan, Mahua, Saal, Akhrot, Angu, Chamakhdik, Jamnoi, Baanj/Kharsu/Moru (Oak), Beeja Saal and Deodar. Out of them, only seven varieties naturally occur in Uttar Pradesh - Neem, Mahua, Saal, Peepal, Banyan, Mango and Beeja Saal. 

The Tree Protection Act makes it mandatory for people to seek official permission from forest department for cutting, lopping, removing and disposing off the felled trees. The Act does not apply to trees standing in reserved and protected areas, forest and cantonment land. For trees present on all other land holdings, including private, permission from Divisional Forest Officer (DFO) is required. Conservator is appellate authority under the said Act. 

If the official decision is not communicated to the person seeking permission for 35 days, it should be considered that permission has been granted. Under exceptional conditions, forest officials will have to give the permission to cut down the tree in case it can cause damage to life and property or is a hindrance in development activity. The completely protected varieties can also be cut under exceptional conditions. 

[unquote]

This status is of 2010. If anybody is aware of any ammendment thereafter kindly enlighten.

MPS RAMANI (Scientist/Engineer)     16 October 2015

Tree protection has become a holy cow in India. I had a problem of a tree branch (I don't know what tree it is nor its botanical name) coming into my residence through the window. Apart from inconvenience, there was danger of thieves entering through  the branch  I asked the Municipality for permission. I was told that I have to pay Rs.10000/- for the permission alone. It did not include the actual cost of labour of cutting down the branch and diposing it of. I returned home and got a person. He cut it down for Rs.1000/- which also was high but much less than the Rs.10000/-. Sometimes laws with good intentions get interpreted and streched to Tuglakian extent and misused to exploit people.

The man who was called, cut down all the trees  except the neem tree. Did he know which are the varieties of trees which should not be cut and was so knowledgeable that he knew the 13  trees listed by Mr. Shalab and none of the trees he cut belonged to the list?  Was he a botanist?

Nowadays even big trees are transpalnted. Long before the anti-tree-cutting laws came Homi Bhabha used to get big trees transplanted. You can transplant the neem tree in a corner of your compound or give it to someone who worships it. In the South there are places where neem trees are considered bad omen. Some spirits stay on it.

You get another person to cut it down and face the law if it comes. Certainly you will not be hanged. If you go on looking into law books and go about consulting lawyers and others,  the tree will be there where it is.


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